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A Study of the Decision Power on Major Issues of Local People’s Congresses

Author: ZhuJie
Tutor: RenXiRong
School: Jilin University
Course: Constitutional and Administrative Law
Keywords: Local people's congresses Significant matters Decisions on major issues right
CLC: D624
Type: Master's thesis
Year: 2011
Downloads: 119
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Abstract


Decisions on major issues right to the people's congresses at all levels have an important powers, the basic terms of reference of the National People's Congress, as the representative organ. The National People's Congress shall have the right the major affairs related to the development of reform and stability and the interests of the masses of the people to make authoritative decisions. Decisions on major issues of the local people's congresses right to the effective exercise, which is the important part of the democratic decision-making, has important practical significance to improve the construction of the local authority and to promote the democratization of the decision-making of major local affairs, scientific. Although the decision of the major issues is an important powers of the local people's congresses, than legislative and supervise, theorists such power still insufficient; practice, the specific operation of the local people's congresses also exist many problems. Therefore, the theme has the necessary research. Decisions on major issues right the first problem is clear what is the significant matters decision and how to define \The right to decide on major issues and the NPC other three basic power relationships has long been in dispute, \Four powers tied view reflects the function of different powers of norms, can make decisions on major issues the right to have their own unique content, more compatible Peng Zhen Peng speech spirit. For the definition of \This article advocated the adoption of a comprehensive explanation of the Legislative Affairs Commission of the National People's Congress, the local legislative entities listed and procedural mechanisms of the local people's congresses to define. Decisions on major issues the right to set the system has a series of functions, mainly in three aspects: the principle of sovereignty of the people and to promote a democratic and scientific decision-making, to play the local enthusiasm. The local people's congresses have decisions on major issues right derived from the Constitution and local organizations Act authorized. Significant matters discretion enjoyed by the local people's congresses to understand the true meaning of the text provisions of the Constitution \In this paper, by combing constitutional document after the founding of the calendar changes, summed up the changes in the local people's congresses resolved two major issues: first, the exercise of the right of decisions on major issues constantly improve local people's congresses institutions; Second, the local people's congresses can be resolved to significant matters the deepening expansion. Through the analysis of the relevant provisions of the 1982 Constitution, meetings and standing committees of local people's congress deputies the right to decide the scope is the same, but both of which will be subject to the limit; by local organizations law on the people's congresses above the county level, township people's congress the relevant provisions of the right decisions on major issues that deputies meetings and standing committee meeting time and the degree of importance assigned to the power to decide important matters; township people's congress the power to decide on major issues there are also biased in favor of just the scope of executive decision local laws and regulations; developed by the provincial people's congresses to discuss and decide on major issues \delineation of major scope of the matters related procedural requirements. Decisions on major issues of rights of the local people's congresses and political decision-making power of the local party committees, administrative decision-making power of the government constituted the main way of local decision-making. In local decision-making system, the National People's Congress the right to decisions on major issues, and the relationship of the two other rights whether coordination, whether in accordance with the constitutional logic operations, related to the rationalization of the organization and distribution of local decision-making powers, and will affect the quality of the decision-making. Deal with people's congresses and party committees between the decision-making principle is to adhere to the leadership of the party, and party committees to respect and play the role of the National People's Congress; relationship between the government and the National People's Congress is the problem of the distribution of powers between the state organs. The local government's position in the power structure is the level of the executive organ of the National People's Congress, the NPC's decision to perform specific decision-making by the government. The relationship between the two decisions and implementation, supervision and supervision, communication and coordination of the relationship between the local people's congresses in the process of the exercise of the right of decisions on major issues to eliminate administrative traces \

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CLC: > Political, legal > China's political > Political system and national institutions > The local People's Congress
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